Terms of service

Table of Contents

1. Scope

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Conditions

5. Delivery and Shipping Conditions

6. Reservation of Ownership

7. Warranty for Defects

8. Applicable Law

9. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereafter "GTC") of Nano-Venture GmbH & Co. KG (hereafter "Seller") apply to all contracts that a consumer or entrepreneur (hereafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online store. The inclusion of the Customer's own conditions is objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its trade, business, or profession when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and having gone through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • asking the Customer to pay after placing the order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer pays using a payment method offered by PayPal, the Seller already declares the acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

2.5 Upon submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted his order in addition to the present GTC. Additionally, the text of the contract is archived on the Seller's website and can be retrieved free of charge by the Customer via his password-protected customer account by specifying the corresponding login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the magnification function of the browser, which enlarges the display on the screen. The Customer can correct his entries via the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 The contract language is German.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller's instructions on withdrawal.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include statutory sales tax. Additional delivery and shipping costs, if applicable, will be specified separately in the respective product description.

4.2 Various payment options are available to the Customer, which are indicated in the Seller's online shop at the beginning of the ordering process.

4.3 If prepayment has been agreed upon, payment is due immediately upon conclusion of the contract.

4.4 If the payment method "SOFORT" is selected, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", must adequately authenticate himself during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be obtained by the Customer on the Internet at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the payment service "Klarna" is selected, the payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and Klarna's terms can be viewed here:

5) Delivery and Shipping Conditions

5.1 Goods are delivered via shipment to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the order processing by the Seller is authoritative.

5.2 For goods delivered by a forwarding agency, delivery occurs 'free curbside', i.e., to the curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the transport company sends the goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the Seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with respect to the costs for the outward shipment if the Customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the return costs are governed by the regulations made in the Seller's instruction on withdrawal.

5.4 Self-collection is not possible for logistic reasons.

6) Reservation of Ownership

If the Seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full and all associated costs and expenses have been covered.

7) Warranty for Defects

Unless otherwise provided for in the following provisions, the statutory warranty for defects applies. Differing from this, in contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • the rights and claims for defects are excluded for used goods;
  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned liability limitations and reductions in time limits do not apply

  • for claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for a possibly existing claim for recourse remain unaffected.

7.4 If the contract is a business-related transaction for both parties within the meaning of § 343 Para. 2 AT-UGB, the Customer is subject to the commercial duty to examine and give notice of defects according to § 377 AT-UGB. If the Customer fails to comply with the notification obligations regulated there, the goods are considered approved.

7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damages and to inform the Seller about this. If the Customer fails to comply, this has no effect on his statutory or contractual claims for defects.

8) Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws concerning the international sale of goods. For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

9) Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

9.2 The Seller is neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration board.